Akhil Bhartiya General Kamgar Union v. State Of Maharashtra Through Secretary Of Labour Dept. And 4 ORS

20. CONPW 58.18.doc JPP

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 58 OF 2018 IN WRIT PETITION NO. 1134 OF 2013 Akhil Bhartiya General Kamgar Union ... Petitioner V/s.

The State of Maharashtra through Secretary of Labour Department and Ors.

... Respondents Mr. Ashok Shetty a/w. Swapnil Kamble and Dr. S.N. Jadhav for the Petitioner Mr. Shamrao Gore, AGP for Respondents 1 and 2 CORAM : NITIN JAMDAR & M.S. KARNIK, JJ.

DATE : 23 JANUARY 2020.

P.C. :- By this Contempt Petition the Petitioner drawn our attention to the breach of the order dated 23 September 2016 passed in Writ Petition No. 1134 of 2013.

2.

The Petitioner had approached the Court in the year 2013 making a grievance that recovery certificate issued in the year 2011 was not being executed. Considering the delay of five years,

20. CONPW 58.18.doc the Court, while disposing of the Petition directed the Respondents - Collector and Tahsildar to execute the recovery certificate and file a report within eight weeks. Even this order was not complied with within time limit, therefore, this Contempt Petition is filed. 3.

The time limit of eight weeks was stipulated since there was a delay of five years in executing the recovery certificate. No application for extension was made by the Respondents. Now more than three years have passed since the order of the Court. An additional affidavit is filed by the Petitioner wherein it is stated that the address of Respondent No.4 continues to be the same and there are additional addresses where it is carrying out business. 4.

If the Respondent Nos. 2 and 3 do not comply with the order of this Court dated 23 September 2016 within eight weeks, then the Tahsildar (Labour Dues Recovery), New Administrative Building, 10th Floor, Opp. Chetna College, Bandra (East), Mumbai, will remain present in the Court to explain conduct regarding nonimplementation of the order of this Court. 5.

Place the Petition on board on 2 April 2020 under the caption "For Directions".

M.S. KARNIK, J.

NITIN JAMDAR, J.

Jyoti P.

Pawar by Jyoti P. Pawar Date:

2020.01.29 14:29:05 +0530